Lydia Marquez v. City of Phoenix

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LYDIA MARQUEZ, on behalf of  herself as and on behalf of the statutory beneficiaries of Ronald Marquez, deceased; EDWARD MARQUEZ, an individual; CHELSEA RONEE DOCTOLERO, an individual; RONALD MARQUEZ, Jr., an individual; CYNTHIA CARINA MARQUEZ, an individual; MARIO No. 10-17156 RICO AHUMADA, an individual, Plaintiffs-Appellants, D.C. No. 2:08-cv-01132- v.  NVW CITY OF PHOENIX, a municipality

ORDER AND

organized under the laws of the

AMENDED

State of Arizona; DAVID GULIANO,

OPINION

in his individual capacity as an officer with the City of Phoenix Police Department; JOSHUA ROPER, in his individual capacity as an officer with the City of Phoenix Police Department; TASER INTERNATIONAL, INC., a Delaware corporation, Defendants-Appellees.  Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding

Argued and Submitted April 17, 2012—San Francisco, California 12011 12012 MARQUEZ v. CITY OF PHOENIX Filed September 11, 2012 Amended October 4, 2012

Before: Mary M. Schroeder, Diarmuid F. O’Scannlain, and Susan P. Graber,…